This website located at https://brilliant-wellness.com (“Site”) is operated by Brilliant Wellness Group Inc. (“Brilliant Wellness,” “we,” “our,” “us”).  By accessing, visiting, or engaging with the Site, you (“user,” “you,” “your”) agree to be bound by the following terms and conditions of use (“Terms and Conditions,” “Agreement,” or “Terms”), including any additional terms, conditions, and policies referenced or incorporated herein.  These Terms and Conditions constitute a legally binding Agreement between you and Brilliant Wellness.

By accessing this Site, you are agreeing to be bound by these Terms and Conditions and agree that you will comply with all applicable laws and regulations.  If you do not agree with any of these terms, you are prohibited from using or accessing this Site.  You are permitted to use the Site only for your personal, non-commercial use.  By using the Site, you represent and warrant that you are at least 18 years old (or the age of majority in your state or jurisdiction of residence, whichever is older), and you agree that you shall not: (a) use any Services available on or through the Site for any (i) illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction or the rights of us or any third party; (c) remove any proprietary notices, labels, or marks on the Site; (d) attempt to derive any source code or underlying algorithms of any part of the Site; or (e) transmit any worms or viruses or any code of a destructive nature.  You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or Site or any content on the Site through which the Service or Site is provided, without express written permission by us.  A violation of any of the Terms will result in an immediate termination of your Services and access to the Site.

Brilliant Wellness or its licensors, affiliates, partners, or third parties exclusively own all right, title, and interest in and to this Site and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, “Intellectual Property”).  Except as expressly provided in this Agreement, you have no right, license, or authorization to any of the Intellectual Property.  You shall not assert any claims to the contrary or do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein.  Brilliant Wellness is not transferring or granting to you any right, title, interest, license, or other permission in or to any of the Intellectual Property.  Any unauthorized use of the Intellectual Property may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes, and is expressly prohibited.  Trademarks owned by third parties are the property of those respective third parties.

The Site is a collaborative blog written by a group of individuals, who may receive various types of compensation from the companies whose products are promoted on the Site.  The views and opinions expressed on this Site are solely those of the authors and the users.  Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.  For more information about how we evaluate and review products (our “Brilliant Criteria”), please click this link: Brilliant Criteria.  The statements on the Site have not been reviewed by the Food and Drug Administration.  No products mentioned on this Site are intended to diagnose, treat, cure, or prevent any diseases.

This Site may allow you to upload, download, store, or transmit user-generated data or information, including personal information such as your name or contact details.  If you send or post your name, contact details, feedback, creative ideas, suggestions, reviews, or other materials on the Site or any third-party websites or social platforms, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you hereby grant to us a nonexclusive license for use of such User Content and agree that we may edit, copy, publish, distribute, translate and otherwise use, including for marketing purposes, any such User Content, in any medium now known or unknown.  We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; (3) to respond to any User Content; (4) to use any User Content; or (5) to notify you of the use of any such User Content.

You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.  You further agree that your User Content shall be truthful, honest, and reflect your own opinions, and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.  You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties as to the origin of any User Content.  You are solely responsible for any User Content you make and their accuracy.  We take no responsibility and assume no liability for any User Content posted by you or any third-party.  We reserve the right, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates our or any third party’s intellectual property or this Agreement.

Your submission of personal information through the Site is governed by our Privacy Policy, which is incorporated herein by reference.   To view our Privacy Policy, please click here.

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.  We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.  We undertake no obligation to update, amend or clarify information in the Service, Site, or on any related website, except as required by law.

You are permitted to use the Site and the Services solely for your personal, non-commercial use.  In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the Site, its Services, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service for violating these Terms.

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.  You agree that from time to time we may remove, pause, or cancel the Service at any time, with or without notice to you.  YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.  THE SERVICE OFFERED TO YOU IS (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL BRILLIANT WELLNESS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Third Party Links

Brilliant Wellness has not reviewed the third-party websites which may be linked to the Site and is not responsible for the contents of any such linked website.  The inclusion of any link does not imply endorsement of that third party website by Brilliant Wellness.  Use of any such linked website is at your own risk.

We may own certain products and services that are discussed, reviewed, and promoted through the Site.  In addition, we might receive compensation from companies and third party brands whose products and services are featured on this Site, including when you purchase a product using the links available on the Site.

We reserve the right to at any time to modify or discontinue the Site or the Service, with or without notice, at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or the Site.  We also reserve the right to revise these Terms and Conditions and provide you notice via email, posting on the Site, or as we otherwise deem appropriate. By using this Site or Service, you are agreeing to be bound by the then current version of these Terms and Conditions.

You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, communications between you and Brilliant Wellness (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with Brilliant Wellness or this Agreement (including the enforceability of this dispute resolution provision) (“Dispute”) shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify.  Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer.  All Disputes shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.  The arbitrator shall be entitled to provide all relief to you that is otherwise available in a court of law, including injunctive relief.  You and Brilliant Wellness will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules.  The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator.  

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions.  Such determination shall not affect the validity and enforceability of any other remaining provisions.  You agree that the provisions of these Terms by their nature are intended to survive the termination of this Agreement and shall survive the termination, including but not limited to the limitations of liability, disclaimer of warranties, and dispute resolution provisions.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your use of the Service and Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.  The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  Any new features or tools which are added to the current Site shall also be subject to the Terms and Conditions.  We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions, and we shall provide notice to you of such changes either through this Site, through email, or as otherwise provided.  Your continued use of this Site shall constitute your acceptance of any modified terms.  It is your responsibility to check our Site periodically for changes.

With respect to any electronic commercial service offered on or through the Site, California residents are entitled to the following specific consumer rights information.  The provider of the Site is: Brilliant Wellness Group Inc., 10215 Santa Monica Boulevard, Suite A, Los Angeles, CA 90067. If you have a complaint about the Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 916.445.1254 or 800.952.5210.

If you have any questions about these Terms, please email us at contact@brilliant-wellness.com.